The New York Herald Newspaper, December 25, 1878, Page 10

10 SHIPPING NEWS OCEAN STEAMERS. DATES OF DEPARTURE FROM NEW YORK FOR THE MONTHS DECEMBER AND JANUARY, La Bastination| |Dec [4 Bowling Groen 169 Broadway Broadway ran ‘i State of Virginia. City of Montreal Cimbria. 61 7 Rowling Groen 2alGlaxgow...|7 Bowling Green Livorpool..{37 Broadwa; wiiny (ireon 20 Broadway (68 Brondway 4 Bow ling Green 37 Broadway 7 Broadwi Republic.......... State of Georgia. Ensland Hroadway ngland. sa Sis at 4[Liverpool. {sds Broad m7 Alsi 4| Londo: 17 Bowling Oder... 4|Bremen ...|2 Bowling Green Anchoria 4]Glasgow...|7 Howling Greon R/Liverpool..|4 Bowling Greon &| London. ... [69 Broadway SjHavre... 155 Broadway 2|72 Brondway \61 Broadway 160 Broadway way 2 Rowling Green 11 {Glasgow ..{7 Bowling Green 11] Rotterdam|50 Broadway ../29 Broadway “]4 Bowling Green :}69 Broadway 1 Broadway "89 Bi Treen 2 Bowling Green 4 Broadway ..|29 Broadway 69 Broadway 33 Broadway “y ALMANAC FOR NEW YORK—THIS DAY. HIGH WATER. eve 907 eve 9 52 eve 11 37 HERALD YACHT WEATHER OBSER- VATIONS. Stat wind. | Wenthar. W*|Clear. W}/Clear. WelClear. Der. 24. Now York.. Lower Bay.. Quarantine, Half gale. oe WESTERN UNION TIME BALL. Naw Youx, Dec 24—Noon. ‘The Western Union time ball fell to-day one-temth of second fast. } Strong. ————— PORT OF NEW YORK, DEC. 24, 1878. ARRIVALS. . REPORTED BY THE HERALD STEAM YACHTS AND HERALD WHITESTONE TELEGRAPH LINE. Steamers Clyde, Morton, Aspinwall Dee 13, with mdse and passengers to the Pacific Mail Steai hip Ce Steamer Bermuda Curacoa 11th, Eaguayra 12th, and StJolns. PR, 17th, with ‘mdse and passen; Quierbridge & Co. i strong trade qrinds to Hatteras; & continuon! o Sandy Hi Oiecamee Tiwdson, Go Grieage Dec iT, with mdse and passengers to © ‘aman. Steamer City of Macon, Kempton, Savannah Dee 22, with mdse and passengers to George Youge. (Her reported arri- ‘val in yestorday's edition was am error). ‘Steamer Isanc Bell, Lawrence, Richmond, City Point and Rorfolk. with mdve and passengers to the Oid Dominion Bteamship Co. k Bi 1a Paysant (Br), Dexter, Calais Nov 20, in bal- last tod F When Anchored at Sandy Hooks itney & Ci Sehr Lizzie V Hail, Lollies, Alexandria? PASSED THROUGH HELL GATE. BOUND SOUTH. Steamer Galates, Walden, Providence for NA York, with mdse and passengers to Isaac Odell. Steamer City of New Bedford, Fish, New Bedford for New York, with mdse and Dassengers to "Barling & Davis. yorener Bolivar, Geer, New London. and Norwich for jew York. m Schr Henrietta E Willard, Providence for New York. BOUND EAST. Steamer Cortes. Bennett. New York for Halifax, NS, and St Johns, NF ynot on 22d ins Brig Ruth (Br), Le Blane, New York for Arichat, CB. Sehr Jeddo, Good, York tor St John, NB. untess, Hyllard, New York for Eastport. Simmons, New York for Boston. nie Carr. Fields, New York for See Sehr ior, Young, New York for Cold ie, LI Sehr Jalia ‘A Berkle, Davidson, Philadeipain or Schr J BCarrington, Parker, Baltimore for New Haven. Sailed from }iart Island roads AM, ship Servia, from ew York for London. CLEARED. Steamer Parthia (Br), MeKuy, Liverpool via Queenstown— CG Franckiza. Steamer City of Montreal (Br), Fulton, Liverpool via Queenstown. nes nnd ‘Rioxandria BO. Lindquister, Glasgow—Hender- von Bros Steamer France (Fr), Tradelle, Havre—Louis de Bebian. Steamer State of Virginia (Br), Moodie, Glasgow—A Bald- win & Co. Steamer New York, Quick, New Orleans—Bogert & Mor. i aieamer Pottsville, Pierce, Pernandina—William P Clyde Steamer (ate City, Day tt, Savannab—Geor Yonge. omer Charieataa, Berry, Charleston J W Quintard. & Steamer Wyanoke, Conen, Norfolk, City Point and Rich- @ond—Old Dominion Steamahip Rrosmard W acres, Pesver, hatsimere—3 8 Kreme, Steamer Fonite, Seaiih. Philadelphia samen Hand. Steamer Nereus, Hel —H ¥ Ship Isanc Reed, Yetohame--Saler ‘* Livermore, Ship Hedwig (sr), Minssen, Bromea—Hormena Koop Co. * Ship Meta (Ger), Holjes, Bi paw i oer ag Bark Archos (BH). Gibbs. Londen—leabody, Willis & C cltt Normegion (Br), Lincoin, Lender Pickering & 0. rk Gi Rolf (Nor), Lepsoe, Newcastle, F, via New- ark—Benhata & Boyesen. Bark Arracen (Nor), on, Asgard, Antwerp—Punch, Edye & Bark Lalba (Itai), Searpati, Alieante—Lauro, Storey & Bark Kove (Sw), Ohman, Cartbagens—Punch, Edye & Co. Bark Abby Bacon, Dearborn, Gibrultar—D B Dearborn. Bark Formosa, Pieres, Baenos Ayres—J Norton § Sons. jontevideo—J Norton & Bark Emma Prancis, Burns, ber (Br), Power, Halifax, wh Cnieus 8 hoes it. eke Mary A Witham, Clark, Port au Prince—R Murray, "fehr Ann Amelia (Br), Verge, St Pierre, Mart—Porkins & Schr Sabine (Br), Holmes, St Johu, NB, via Perth Am- doy—John a ene ‘s Schr Hi 5 Williems, Wilson, Jacksonsilie—Warren Ray. Sehr Buzene, Clark. Jacksonville George HT Squires Sehr John Lovitt, Dalton, Bridgepo Binir ot iis Jane, ifumimond, New Havenecarterighi & SAILED. Liverpool: Wranoke, Rieh- word: Albemarie, Lewes, Del; bmrk Getion (Nor), London. Suiled 24d, harks Is ‘ie daman Europa (Ger) Lon- don; Tordenskjoid (Dan), Bristol; Jovephine, Matamzas. MARITIME MISCELLANY. Capt Harsilton Perry, of the Whito Star steamer Britan- nie, from Liverpool, has uur thanks for special meteorologi- eal observations made im conneetion with the Henauo weather service B. Pap (Nor), Thorsen, from Wilmington, NC, Dee 20, for Liverpool, while in tow of the seam tox Butaw, 218, rot agrovnd ‘on the Drum Shoals, ve Five thor Hole. shout a wile above Fort Fisher. It was thenght she would get off without much difficulty provided the ale was not too revere. Bane Avoust (Ger) Steamers Montana (B: Bartels, from Bayonne, at Baltimore hen about 80. noi NE of Cape o.in which lost lower cop ae ‘After the burricame Shaw, from Itie Sanetro. perieuced heavy wi ch lost and split sii Doard rail. tooded cabin, stove battens from weal beted and started tarpaulins. guise BH Yanarnoros, 254 tons, which wee purchased time since by Capt Wm H Reynard, of Now Bedford. Sas ‘been sold to Antone fereia for $4,000. She will l ——? fitted for a trading voyage to the coast of Africa. Banx Pasxora, Stephenson, from New York Town and Port Natal, before reported as having put Rio danciro in distress, hus beon condemned and her cares reshipped by brix Abbie Cliffurd to Cape Town and brig Bt to'Port Natal. Base Vexicn (Bri—The Venice, before reported ashore at Maxwell's Point, Courtney Bay, is nos of yet. Soveral at tempts have beon made by tugs to pull Biase News Joxxs (Be, from St Je ford pefore reported over duo, was built in 1874 and Fepleterde, S41 tone. Abraw Grant, master; Ambroise Comeau, jt Beteimore and . but failed B, for Water. ia Mary's Bay Her crew © maiated of Bo: Joues, second’ ti ig Douestt. steward: An inves ho Dowcett. ma po Leet James Doncett an ten rou eh ws) at Weymouth, Ni, teom which * por My fled. Bric Heues, ashore at Wood End, Cape Cod, is being dis- charged. Brie Sarrvo (Br), at Boston 234 from Demerara, re ports —Dee 18, 20 miles W of Georges Kauks, cecountered ‘A sovere gale from westwart, in which lost jibbuow and top. wail. plata, Ciara can, from Denia. at Delaware Breakwater |. report eather in the ul Bie te: ceeeised ceceal cad optic sails: Keuk & Ht Pour, from Wizenasot for Race with lumber, went as , point of Stage Island, went Biddeford, on 8 yy night last during @ thick anowstora. The Yorsel v pnd her entizo of 30,000) feet of lumber wont soa and was lost. The vessel is not insured, but it is Deitoved tho cargu ts: ‘The row were saved. Sewn Many Rinvxy, from Blisabethport for Baltimore whieh put into Norfolk lonking 28d ingt, was to. be vo Ww Balrimore last night with a stesmpamyp aboard. Jad Bolivar, of and for inet, with crow din had 20 days bad Remr Avera, Bow York vf wonthor Doe 21, Joseph Franets, Sentnan, nuatiee of Dominic, Wi, died on board of heart disease, and was buried at son, The vessel has a eargo of Ary hides and dewr eking, Senn Avice Stetson, before reported, was wrecked npon forut rect outside of Turks sland. dhe ie insured Cor Siw, her fail value. Hor cargo is aloo insured. { Sonn Ancona (Br), sekere at Merbiebead, cane to het 2 \ A 5 ARAL a Reece) Eluciaeh h ca SAh B IAN ee ¥ } Levanter, Vesper, colored | NEW YORK HERALD, WEDNESDAY, DECEMBER 25, 1878--WITH SUPPLEMENT.- iz that he was going misha) Gomet the captain sn; into G arbor and wasnos aware of the danger un- Ul she landed on the rocks. Tea acner site upright, sar rounded by roeks, as if tl shi piew fo:med for her Ry Matte is split = we Yond will boa loss, The cargo is insw Scun Euan © Rancoce, Train, of and from South Amboy in, for Portsmouth Feported ashoro at Gloucester, is QR tony regi js > yours old, aud ‘built ‘at and by Reuben Abel. Jonathan Goshen, NJ. wnd is b Lewis and Willian Babeock and If others. she ts. sured. The cargo of coal is insured. [t is believed og broken in two amidships, Lay i bei med oh a and rigging by the captain, 5 And with fine weather it ly belloved a part of her ea on ‘can he saved, Scum J P Romtxsox, Olin, from New York vin fan Blas, wasdriven ashore at Aspinwall in the norther of Dec 11, bnt would probably be gotten off without much injury. Sent Lorine, from Philadelphia with coal. which arrived at Aspinwall Nov 19 (heforo reported wrecked), was dis Sharging cargo Dee 11'when the norther struck he ine ly damaged. Sonx Jonny, Captain Simmons, fram Sow Pore te Cludad Bolivar ia 15" aay one of the best on reeurd. Scum Bxeunss Tiitox, Bowen, from Philadelphia, before reported wrecked at Aspinwall.’ was driven throu; and on the beach against the Pacific Steamship Co's dock night of Dec 11 during a norther, and immediately sank. She subsequently went to piecos. Mer cago (coal) pad been discharged, un Eosick P Nuwcown, Boker, 8t Philadelphia fro Antonio, before reported in’ collision, with an un- onl brig, was struck abreast of tho main rigging, and hed ber bulwarks stove, all_the rieginz carried away and lost cathead and anchor. The brig did not stop to offer as- sivfance, and, being dari, contd not see her name. Senn Mixxix erans-3 pt Paul © Clark. of schr Min- nie Repplie rted abandoned, inakes the follow: Ing statement :—Salled from Leghorn Sept f for Philadel. ia: had fi ther up to Oet 18: on the 10Rh and 20th, at 4, lon 56, exporienced ere urricane, lasting 24 hones, in whieh sails were ‘away, smashad houts and water casks, lost lanyards and Hews. darnaged cabin doors and Silied the cabin with water: had pumps working day and night for 10 days; from the 20th to the oth, had gales and sea, with northerly winds, and lust rudder: . lat 81 45, lon 63 20, . Captain iar roports saved nets ok Soiker before the last 16 Soun Gro W Cortina, Hodgkin: at 4 Philedetphie from Surimerside, PEI, reports, Dec tered a severe gulo from other damage. Seun E M Brxnurn, Malby, from me rabodelpla, Jost rnd- der at Aspinwall in the norther of Dec Sean Waternoo (of Deer Isto), Bone |, from Philadel- ia for Vinalhaven, hefore reported ashore at Gloucester. new measurement, is cight years old and was built at mana Bere a She ix uni Her cargo, of coal is consigned t Bowell Granite Company of red. vessel lies . Vinathaven, snd ts is prababy in ashore o but ie rocky bottom and is probably c! ig badly and no doubi has © sumbor of holes in ber bot- n CHARLIZ BaxER(Br), Knox,from Now York for St John, fore reported wrecked on Thumb Cap Island, had for ‘ow James Wheaton, single man, from 1 Islan Charles Kirabali, of Long “nr Kierestead. a has a wife and two children in John; @ singic man named Fox, whone people Hi live in cence: and two others. The despa reference to anybod; being saved, and it is aie that ee of ay mon left the veasel before starting on her fatal v ‘The vessel is faa a insured, ns also s portion of the cargo. gn Kurris Laxcpox, at Newport. after being ashore at patch Istand, is Toaking 500 trokes an hour. thinks the garboards are severely sprung. She ale go neo Boston for repairs, not being able to haul out at Newport. Kerxrvinix, NS, Dec 24—The schr Day Star, of Hall's Har- bor, NS, for St \John, with a cargo of apples, cider, fe, struck on Quaco . early on Sunday morninz, and bi came a total wreck. row and passengers wore. caved: It was blowing a hurricane and snowing heavily when the vessel struck... + Newrorr, Dec 24—Steamer Old Colony left 1 night for New York, but returned this morning, being unable to pro- ceed. Wihd strong. westerly. Porrsuoomn, NH, Dec 23—Schr Emma Hotchkiss, Perkins, from Boston for Belfast, dragzed her anchor and wont ashore near Fort Clary Saturday night, abont 10 @elock. She came off Sunday morning and was beached near Frisbie’s wharf, leaking badly. StJonx. NB. Dec 24—Schr Potomac, Finley, from New York vin Yarm NS, of and for this port, iss total wreck on Brier Isiand. Crew saved. Mueh anxiety is felt here concerning the wood boat New Fas oe “so 7 to have left Three Sisters, NS, Satur- 1 it it John, with 40 ship carpenters, who were fala ‘off by Messrs Eaton. If the vessel started and caught Satarday night's ale fee gh ces wre again: able to reach any port in She lias fromatal, ig WHALEMEN. Oct 37, barks Callao, Cr Arrived at Mauriti Jant from Seychelles: Nov 7, Letitia, Chi cruise, ‘At Kabenda, Oct 14, barks Mary Frazier, Dexter, Edgar- town, with 609) aaon: Catalpa, Chase, NB. urch, barrels oil this Senton; Catdlpa, Chere. Ni 70do do this season: na, Vin . and [00 do hpbkc this season ; Gay He sn all told; brig F H Moore, Smith, NB, Bo de'all ford. A letter from Capt Whit. town, dated Santiago, € out from Teneriffe. tool % bble—-making 255 bbl rm whale which owen t down i} told. SPOKEN. Bark Ankathor (Nor), from St Nazatre for New York, Dee 14, Ios = lon 74 15, BL eens from New York for Demerara, Dec 7, lat 17-0ds1on 55 SHIPPING NEWS. * OUR CABLE SHIPI Axrwanr, Dec 2¢—Arrived, steamer Vnderland (Bela), Nichols, Philadelphia; ship Muskota (Br), Cutter, New York. Sailed 24th, steamer Zeeland (Belg), Finherty, New York: bark Tivoli (Br), Stnart, do; Padio, Gregory, do. Austexpam, Dec 20—Sailed, bark Arab Steed (Sw), Skantae, United States. Beurast, Dee 23—Arrived, Philadelphia, Burwrx, Deo ®M—Artived, steamer Camellia (Br), Diek- rks Lindola (Nor), Rostrup, Baltimore; rigtophersen, Philadelphia. Bancetowa, Dec 20—Arrived, steamers Nerissa (Br), Stu- art, New York; Vidal Sala (Sp). Oginaga, do. Certe, Dec 18—Sailed, bark Atlas (Aus), York. Sailed prior to Dec 24, bark J W Bartlett, Bartlett, Mes, sing, Constaxtrxorue. Dee 14—Arrived, barks Tfigenia (An Bacich, New York; Principe de Napoli (Ital), Cafiero, d Corexnaces, Dec 20—Artived, bark Adriatic (Nor), Blix, New York. Cap, Dec 20—Sailed, bark Solide (Sw), Andersen, Hamp- ton Ronda. Exstxowe, Dec 22—Atrived, bark Ebenezer (Nor), Gunder- sen, New York. Grascow, Dec 23,11 PM—Arrived, steamer State of Ne- vada (Br), Braos, New York. Hamavuc, Dee 24—Arrived, bark Jens Nielsen (Nor), Holst, New York; Libertas (Ger), Albrocht, Philadelphia, Sailed 24th, bark James E Ward, Payne, St Thomas. Havrz, Dec 24—Sailed, sips Jacob A Stamler, Crystal, New York; Toitington (Br), Robbins, do; Snow & Bargess, Anderson, Delaware; bark Albina, Daggett, New York. Lavenroor, Doc 2%—Arrived, steamers Californian (Br), Daniels, Baltimore: Euphrates (Br), Mitchell, Boston; Naples (Br), Eaton, New Orleans; ship Senator Iken (Ger), Lene, Savannah. Sailed 24th, barks Sammer Clond (Br), Higgett, Tybee; ip Otago (Nor), Crangle, Moricich, New Loxpox, Dec 24—Arrived, shin Ellon Austin, Griffin, New York. Limxuscx, Dee 23—Sailed, Tordenskjoid (Nor), Salvesen New York. Mannas, Dec 24—Arrived, ship Eclipse, Hamphreys, Wis- casset. Riga, to Dee 24—Arrived, brig Patriot (Nor), Invaldsen, Wilmington, NC. Rorrmapax, Dec 24—Arrived, bark Amanda (Ger), Sehalts, Wilmington, NC. Srerrim, Dee 17—Arrived, bark Thor (Dan), Kofelé, But River: 19th, brig Atlantic (Ger), Harder, Wilmington, KC. Sr Nazaraz, Dee 23—Arrived, bark Beaconsfield (Bry Munro, Baltimore. Loxpon, Dee 24—Berk Gustavo (Ital), Caflero, from Philadetphia, has arrived at Ancona damuged, and is leaks ing at anchor, WEATHER nEPORT. Fatwoven, Dee 24-Wind E, fresh, Howriman, Dec 4—Wind SSiZ, 1igh Prrmocen, Dec 24—Wind E, moderate Sr. Catarnum's Port, 1 W Dec 26-Wind B, light; fogey , barometer 90.42; thermometer 4°. FOREIGN PORTS. Nov 2A—Arrived, achr Nollie Starr, Poland, Pensacola: 20th, May Morn, Conklin, Savannah 20th, Harbison Hickman, Robinson. Georret Sailod Dec 9, hark A E Sleeper, Wi York, 29—ailed, whip Polynesia (Ger), Sehwend, ip, Topaaliant, Gr ‘ arrived, sehr Cubs (Dr), Hatehinenn, Now York Banmaros. Dee 2—Arrived. sehr Prank Queen, Calhoun, Phitnd ¢ wy 2—Arrived, ship Seoluo, Allen, Maatta. », Nov 2h—Arrived, ship Hindostan (Br), Belyes, Inne Reve (ad salted 27th for Husnillos) Hailed zth. ship City Camo (Hn. Gfbeen, Huanition. Dec ——Arrived, sehr Jolin, Simmons, for Port Towns: DAD New York, 1sidays Conaced, Dec Ourncon (Br), Fantkner, een, from Port Spain! pooner nate Rnkneee. Just going 0, vod, bark Austin (Br), Davis, An: nro ov Arrived, sch Laura A Webb, Nilson, for Port Limon and Aspinwall). Nov sailed previously, f ‘Alexander Gio ships Owceoln, in, Speod, do; Prince Re 25, ships Colnmbi $ We Douglass (ir), D # Hilyard (ir), Campbel dy be nora, Pot WD Lawres and Kein’s Tele (ise |. Winwell; seot's Bay ( urner, do. fami irks Ada Wis Cronstadt (Br), HAVANA, Dov 24—Arrived, steamer Santinga de Cuba, Reo, New York, (The Sde Cubs arrived off the Morro at midnight.) HAtsPAx, Dee 20—Arrived, she Rdward 8 Falt (Br), Falt, New York. Sailod 26th Laver: poot), Baltinore; 8 Balti- he Pi Kurerox, Ja. Dec s—Arrived. sehr Charles A Higgins, ™ jen Cayenne; ‘eh, pe ee Know)toa, MoKeo, New ; sehrs Loca A Snow, Gregory, do, Kile Pressey Hass, Berbados, Saited 7th. sche Mary B Vaneleaf, Thorndike, New York via Black River. LiverrooL, Dee 16—Arrived, ship Oriental (Br), Corning, whee. es ged Dee 12—In port, bark Seud, Wilkinson, for Messenger, Gilkey, New ‘daaiten, Tutti Tn port, bark La Pe Pinta, Ki 26—In ships Anes Sutherland oi, Butherla int! Boston, Metiares Charter 0 Staples ora, Merriman: A McCallum, Masters, an Anglo” india ‘{iiy, Everutt, ldg: bark St Andrew (Br), Me- Lo Ltow px Pica, Nov, 26-—In port, ships Mystic Belle, Cashmere (Br), Dexter: Rosa Bouhour (Br), Camp: (Bn), Dick, and bark Argosy (Br), Sulis, all tdi, Lo, Dec 9—Tn ere ‘seira BJ Willard, Jameson, from New York, . from, Ja, Dec 7—In port, sehrs Leon: Jenkins. o B Dongziass, Ryan, for Yor! fu. for Baltimore. Poxex, PR, Doc 15-—in port, achrs Enterprise. Mitchell, = New York; Eddio liucks, Northrop, from Wilmington, ane ns Balti Dec (not Nov) 23—Sailed, bark Templar, red Dec 2 rk Geo Peabody, Wilson, Baltimore. TOS, Doc By arrived previously, sehr Anna W Barker, Snowman, Richmond, St Preniex, Mart, Dec 7- rt, brig Daniel Trowbridge, Willie Martin, Merriam, from New York: vtland: Keve, Shelby. for Turks Tsland abont 12th MK Rawley, Small for Fernandina abous 20th; 7—Arvived, ache Crown Princo . Port Spain about 10th. ren, Ne Brana rapaud, PET (and elesred for New Pid Dee 24—Arrived, bark Ontario (Br), Coal- Fg a York Fannie (Br). Leary, Limerick; 24th, ork; Rillie $ Derby. Havani Arrived, barks. Tvsac Jackson, dng’ Taleahunno: 4th: Madeine, Demarest (Br. Walk: ley, Lota: bath, ship Honviesta, Blanchard, Yokol ama, jled Nov li, bark Grasmore (Br, Thomson, Iquiqne and United Kingdom or Continent. In port Nov 16, barks AC Beau, Adama; Sohn A Brown, Greenish, and the abovo arrivals. AMERICAN PORTS. AERXAEDBTA, Dec 23—Arrived, sehr Horschel, Now Paxaed down—Schr Alfred Brabrook, from Georgetown for Providence, KOS’ ae Port Asromto, for ‘Phiiadeiph David L Ta: Morro Castle, : fail FaTiniehonie st fa telesrapi rasa Neetn' tie Weetperts ‘Baral C'S Satin Naus, oe ath Arrived, chr Sop! ‘anz, Smith, Baltimore. Nearod—Steamers Speke Hall (Br), Brand, Liv. Averill (Br), Alton, Went Hartlepocl; United Stat paren, Baltimore; Saxon. Berry, Now York; rehirad AW G Moseley, Bella ‘Blackstone, hiladelph Drury, Studley, yanmaiys yon Norfolk; Annie M Allan, St TEAEtINORE, Dee 23—Cleared, schr Chingarora, Young, lew 2th Arrived. stonmers Sardinian, (By, Dutton, Live 1: WB Foster, Amboy: Geo H_ Stout,’ Jon Newbern, in (BN, Pelisins, Liverpool; bi I Foleo. Price, Wilmington, NC; Falcon. Kirby. C! aoe oe Tela a (Rus), Husk, Liver- sehr Hannab H Bay jand, gant, ssbanan PReiow—Steamer Grat Bismarck (Gen), trom Kio Jaulero via St Thomas. Cléred—Stcamers Wm Woodward, Young, Ainboy; Clellan.. Taylor, Providence 8 Bondevennen isbon: Matty rinse hun _Samulin, Hor fowe? bel Silas N Martin, Trifood, jour: brig Silas rein, cue. oon, King pees eae Lanne! Hall, Tripp. cen: J ar ral aulding, = Sniled—S Seoeer pore Peruvi ship Glenbervic; bark Canensa Padro; brizs Beaver, Silas N Martin. BUCKSPORT, Deo 21—Arrived, schr Grand Island, Tree New York, Sailed—Schr J P Wyman, Urann, sanert BRISTOL, Dec 23—Arrived, sch? Ann E Stevens, Tice, Philadelphia s, KEYS, Dee 19—Arrived, schrs Carrio S Webb, Hawkins, 8t Thomas; John Middleton, Tunnel, Galveston. CHARLESTON, Dec 21—Arrived, sehr John'W Hull, Jr, Gheen. New York: Cleared—Schrs Annie L McKeen, MeKeen, New York via DC; Flora Condon. French, Barbados. bark Concepcion (Sp), Bremen; brig Feliz Georgetown (Spr Bareel areelon Min—Arrived, steamer Sen Gull, Marshman, Baltimoro. Cleared—Stoamer Euxine (Br), White, Sebastopol: barks MA MeNeil, Jordau, Havre: Emanael (Nor), Lydersen, Amstordam ; Anibal (Sp), Ferrer, wwlon: ee Steamer Patter (Br), Hore, "Liverpool; bark peuron. FSLAND! ARBOR, Dee 21— Arrived schrs G NS, : George B Smith, Amos Falkenburg, Early, idence for do: ers. Perkins, Bath for do; GG Moreistned about 20 ‘others not boarded on account of the Dec 20—Arrived, mal Bry Killam, Dunkirk, reskin. a “9 7m, inkirk, seeking. Passed out from Norfolk—Steamer Yorkshirs (Br), for Liverpoot. eee out from Baltimore—Bark Northern Chief (By), it. AL R, Dec 21—Arrived, schrs Stephen Morris, from Georgetown ; Ellwood Doran, Worthington, do. Bailed—Steamer Florida, Crocker. Philadel hia. d—Arrivod, steamer Santee, in, New ke 3d—Arrived, Seater Visaitanee jogers, Philadelphia; sehr 8 0 Edwards, Corson, Georgetown. GALVESTON, Dec 23—Arrived, steamer City of San An- mn, Tual (Br), M: Whitehaven; Flora lore veieaten. Hall; Glarus rom Tonsberg: Alterin (Non. Neendsen, S¢ Thomas CS i ae Clay of Asotin, Stevens, New York; bi rook! vre, "GEORGETOWN, DC, Dec 23—Cleared, scr Mary E Alm- HYANNIS, Dee 21—Arrived, schrs Twucy May, Freeman, Newbursport for Phiet in ashington Freeman, Rog- ers. ton for New ay May ni PM Paaved by, sehr Calvin F Baker, Baker, for Batti- anders, Rock- + jailed, nchre Washington Freeman, and May Day, Knox, do. Z3d—S; New York: J ( Collve praia —Sehir Sk; JACKSONVILLE, Now York, KEY WEST, Dec 12—Arrived, schrs Laura Low Sagua (and Saitea 13th for Pascagoula); Alice Vani ibari OMalied Rib, achr Jane Emson, Perece. Pensacola. Prt in 14th sehr John 8 Wood, Smith, from New Orleans for New York (and sailed J8th). 24 York rete De ator) Torrey, Soule, Milk River, Ja, rk. ILE eo wiTieare, ship Senator Wobder (Br), al Live EW ORLEANS, Dec 20—Below, bark Victoria Ger), Werting. trams Koy Wert red—Sehr Ellen Loutra, Costanzi, Y ocean 241 Arrived, steamer Horden (Br), Tui Li bay = Havana. Cloared—Steamer Gon, Whitney. Freeman nak Tisone titan Pronmuda, Vora Gras; achr Tas € Ballard: Small, New York. Mth—Arrived, bark Casparl (Nor), Falck, 8+ Sailed—Steamer John P Best (Belg). Antwerp. NORFOLK, Dee 2)—Arrived, se! Emi ee Y York: EF vel eaisapen philadelphia Gon Gold: aid, V for Boston, sehr Brave, Wooster, Walls, avis, nero ra Robinson, Kelley, Philadelphia; Geo H Hoy! er, Richmond. Salled Bark D Chapin, Coombs, London (and returned on account of heavy sea outside). NEWPORT. Deo i Arrived ‘sches Edward Rich, Strick- Nellie E Long, Benard, Deeker, Richmond, Va, for New Bedford; Nile, Pie am for New York; /Amorican Chet Snow, Rockland for. do: Joe Carlton, Thurston, Rockport for do; Merrill G Hart, Brown, Portland for Charleston; Dolly Varden, Smith, Montague I, for New York: ville, Harthorn, Portsmouth. NH, for do; fal, ow, Boston for Baltimore: Albert If Waite, Dodge, Port: fand for Philadelphia; RC thomas, Thorndike, ‘Biston for Richmond, Va; Disdem, Miller, Bangor for New York; Helon_ Thor fom Thomaston for du: Geo B Pros soit, Bive, Vinalhaven for das Rogers, Roxe' ito: Alexandria, Buckingham, Fi jgartown for ei Arived. ‘Sarah Wooster, Doliver, ater, New ot New York), MeUready, Cindad Bolivar for New See Mlvcel len a i Sailed—US: Teventee cutter Sarre) Dexter, Baker, on a sebrs Geo W Glover and Ii B Anthony. Sailed, pilot boat Pet, of New Yi Tho lerce fleet of Westora bownd versols is still detained hers, waiting a change of wind. NEW ita ‘Dec 2i—Arrived, sere Wm D Tilton, Holmes, Lovie Wishart. Carlos, Georgetown ; ‘Twilight, Robinson, Alexandria: J.D Ingraham, Sinith, Richmond; Josie Fiixabeth, Weaver, Baltimore; J +S Terry, Raynor, Port Johnson; A 5, Barlbut. pene. Co Georgetown. PHILADELPHIA, Doc J4—Arrivod, steamer Jani (Br). Harris, 8 A POONA, Johnson, York Fran it erni W 8 Dourhten, ie Hawtneket; Mary & nd ‘itm ing ary Teatiors Hente from St John, NP. red— Steamers (bio, Morrise -Bosto: ‘om oe gates Laat Wind, Carri in ela Port Antonio: oH ‘Gordon, Trelau, Charleston XR, faner, Thrasher, Boston. |—Steamors Pioneor, Alliance, Lancaster, Conti- pose "Sea Perkiomen. En ee (Ras), fro PORTLAND, Me, Dec 21—Agriyod. tri jams, New You » Kiva B Potton, pha CF Willaid, Wallace, do, learod—Sehre EG Willard, Simon’ Jameson, Ruioder Husain (Bermuda) de. Hand, Provi pag cba KF Weck (Gory Dee 2t—Arrived, brig Cigann Danniless, Will- it, York, Philadel. At Pierre; Oliver Mary EB Whorf, an. taker, Keyn' . ‘a for Pil eet een. G heesane mati, New York 24th—Arrived, steamer Lak: n (itr), Seott, Liver. na ae. ee De EI Declan? boty deasle, nd. ‘Barad Steamer Brooktyn (ie), Lindall, Glasgow, to TH, Dee “Arrived, echr TJ Trafton, Hoyt, sail toni PORTS EVOWN, Dee 3} sarees, sebrs Trade Wind, gear, Kew Sark fo Bowe . Mages, ken fot Philadel) phia. PROVING Jaber, CTifor’ Port ae nom for do. eteniGed sehr Hophie Krans, from coal port for ton. ai Dec 2—Arrived, steamer T anda, 8h vi rehrs Jennie A . Bedwell, ymevown, DA Mar 7, echund. Clatt, Phitadetnhie, jae Latham, Powter, Port Juhnson: howe, Lady Ellon Foth Raton Heese We. Hiaven, Brown, itobosen reek way tag aia ‘York: Idaho, Peck, do for Pa tighiied, aches Johe Warren, MeGar, Toboken; Delmont TCH MC Arrived. steamer Old Dominion, Walker, N Tig Bs Malloy, Abdel, do, ‘led—Sehrs A & Bouton, Budd, New Haven; Archer & ew Y: NCO, Dec 24—Clesred, bark Bolden (Br), Eggers, Queenstow, Pilot eatenmer China, Berry. Panna. NNAH, Dec 24—Arri Jett, Boston, red—Harks Minnie Carmic Win Weight mer Seminole, Hal- ‘aylor, Liver. Falmonth for rk. gol; sebr RM Port Johnsen. Yee zt—-Arrived, wet Erie, Sparks, hrs Ira Bliss, Hodson, Philadelphia Nellie Clark Land Owen PB Ttinds, kon for Horton: Mexienn, Freda, Milt ad W Frectnan, Rogers, Thomas: Tray, Fiagders, Hockinnd tor do. in F Roper, Longwood, Mary E M Mary B Smith, H VINEYARD 1 Sarinam for Onk Butts; Clendenning, Fail River f wiht “alonred, tarks Capella (ory ‘Hel aleon (By), Burt, Grantor Weste, beh! © fy Levering, Dee Rafferty, Port ‘Yoinou ARREN, Dee 23—Arrived, eeby 1 A Rommeit, Jeffries, Galveston Sailed, solr RG Whildin, Perris, New York. __ LEGAL DECISION, RTITION” WILL CASE.” SUPREME COURT. ALEXANDER STEWART and ann] JANE BAILEY HY Ns ELIA M. nei York or $ Chambers Ri EWART, HENRY} September, I Motion by plaintiff, Meanie Stewart, to compel Mr. 8. F. Kneeland, the Attorney who brings the above entitled action, to substitute Mr, Ira Shafer as Attorney for the said Stewart, wana Mr, IRA SHAFER for the motion, Messrs, CHITTENDEN & ANDREWS opposed. WESTBROOK, J. pigpe ‘The very voluminous papers su and CORY HILTON mitted upon this motion tinuous duties at Circuit have prevented an earlier The action in which it is made was commenced in May, 1878 tition tho real estate of the Inte A'exander Turney Stewart among his heirs at law. The description of the real estate sought to be divided is very general, and the complaint, alleging that the plaintiffs and come of the defendants are the owners thereof as tenants in common, fails to state that the eaid Alexander Turnoy Stewart left o last will and testament, under which some of the defendants are claim- ing and holding advorsely, and makes no allusion whatever to or allogation concerning such will, claimsand holdings. ‘Tho plaintiff, Alexander Stewart, now moves this Court that & F, Kneeland, Esquire, the Attorney who instituted the action, should be removed from acting as sachin his bobulf, and that Ira Shafer, Hequire, should “be substi- tuted im his place and stead as the Attorney for the nid Alexander Stewart.” disposition thereof, ‘Tho motion is made upon the grounds— First—Because the said Ki i was never employed by him as such Attorney, and Second—Because the sald Attorney $s not using the name of the said plaintiff in good faith, but on the contrary thereof, in connection with Mr. Clark H. Chapman, an At- torney and Counsellor at Law of the Stato of Vermont, is endeavoring wrongfully and wickedly to extort money from | the defendants, Cornelia M. Stewart and Henry Hilton, by means of such action and the use of the plaintiff name. Asa general rule, when the right of an Attorney to use the namo of a plaintiff is questioned by the opposite party, if the Attorney be @ reputable member of the law, the Court will not, unless the action be one for the recovery of authority to be predneed, but the right of the Court to require its production in all cases isun- doubted, and it will be exercised, when in its judgmont the ends of justice demand it. In this case, howover, a party ithout authority invokes the aid of the Court. Very clearly, if he has any interest in the property which is affected by the action, he has the right to select the Attarney who will enforesit,and one whom he has not so chosen has no right to jeopardize that interest and subject the party to the costs and case the individusl who is unauthorized has th right, common to all mankin: k the Court to redress a grievance. As the Attorney has instituted » suit in which the name of the moving party, Alexander Stewart, appears nd as his right 0 to dois chal- in. used, he (the Attorney) In holding that the burden of proof rests upon the Attorney, the ordinary land, require proof of t! who declares his name is | exponses of failure. In such claims that the use of his nam to ‘an one of the plaintiffs, lenged by the party who: must affirmatively establish such right. rales of logic and law are followed. He who claims that he has authority or right derived from another must, when it is questioned, prove it, and whethor such claimed authority or right relates to the use of other's property or name versy is between men, and Court, the Court cannot presume, when an issne thereon is directly made, that the latter has acquired rights and powers over the property of the former, the exercise of and injury, without Affirmative proof that such rights and powers have been conferred. The use of Al plaintiff in ap action must, as we have already intimated, which may snbject him to great lo; nder Stewart's name as a affect his property. Mr. Kneeland claims that Mr. Stewart has authorized the act and the authority must therefore be Ne firet point which this motion presents, tha employment of Knoeland by Stewart to bring this action, before considering the gzeat mass of affidavits and papers submitted, it will be well to disouss the ques- tion whether, conceding all that Mr, Kneeland claims to be truo, he ha author ente this action. Mr. Kneol ufficient ‘thority to institate and prose- claim is that he sew a ‘ork Herald of June 7, 1876, purporting to be from the said Alexander Stewart to letter ymblished in the New Judge Hilton, m which a claim of beings cousin to the dead merchant is made by the writer, whereupon, on the 9th day of the same month, he wrote to the ssid Stewart at his residence in Proctorsville, Vt, informing him thas “he (Kneeland) was engaged or retained for other heirs fn presecating their rights to the estate, aad would he (Alexander) like to jon? If he wonid, to send him (nesiand) the particulars of his relation.” Tt is furthor claimed that Alexander Stewart, on the reception of this letter from Kneeland, in company with lis con, Robert G. Stewart, called upon tho before mentioned Clark H. Chepman, at his office in Proctorsville, showed him the ‘Kneeland letter and anthorised Chapman to employ Kneeland proseente an action cn his behelf; which facts Chapman — com- manicated to Kneeland by lotier dated Jaly 6, 1678. A copy of the alleged latter from K ‘neeland to Stewart is not produced, and its reception by hh him the latter flatly denies, but the one claimed to have been writton ey Chapman to Kneclandon the 6th day of July, 1876, is exhibited, and forme ® part of the papers read upom foi porasal of snch lotter, however, fails to disclose any thority t to motion. A care. Girect reqnest « Knesland to commence any procoadings whatever in belalf of Mr. Stewart. Who Stow. fart la,and his claim te relationship with the former New York merchant aro set out, andhe is called in such lettor “our client,” but not a word is seid about any action what- ever, nor is any power expressly conferred to ‘bring one. The Kevised Statutes (th Raition, vol. 3, page 678, sec. 15) provido, “Ang written request of euch plaintiff of his osuch action, of any written recognition agent to com: of such authority of the attorney to commence tho seme, duly proved by the affidavit of such attorney or other com. petont witness, shall be sufficient presumptivé evidence of ined in Title I, of chapter 5, of part 3, of the Rovined Statutes, which chapter is entitled, “Of Salts Rotating to Real Property,” and the “Of the Action of Ejoetment.” Is the sec- auch authority.” This prov title is entitled, jo to thie motion? tion we have quoted appli It has already boon stated that the direct prayer for relief js to partition and divide in the complaint in this the real estate of tho late der T. Stowart among the partios who aro therein claimed to bo his heirs at Inw. Contessediy, as hee alto bo eon etore said, the property is ail held adversely by «ome of tho defendants who claim under an alleged will of the deceased, Mr. Stewart, and to int As made in the comp which no allusion whatev the plaintiffs have not allege it such apparent devise,” under which the property Is claimed and held adversely, ‘as the Revised Statutos (6th Edition, vol. 3, payo “ta void, 60, eee. 22) expressly require, it is very doubtful, whetber the action in tts present form, without aa amendment of the complaint, can be maintained OR. 8., 6th Edition, page 063, oe. 3, Florence we, Mophing, tly BM... 182, Assam: _... HEGAL DECISION, ing, however, that it can be, itis it is very evident that the prl- mary relief, if itis suocessful, must be that the heirs at law recover the possession of the property, and that the par- ties holding adversely under the alleged will surrender such possession, In substance, and fact, then, this action is ono for the recovery of ¢ho possession of real estate aiversely held, and to all intents and purposes is one identical with that which was vas formerly known by the name of “An Action of Ejectment,” althongh the ultimate relict sought As partition among its ownors, which, howev only be accomplished after their right to its possession and enjoyment shall have been eatablished by atrial, There is ‘nothing, then, in the form or character of the action, which Prevents the full application of tho statute, Tt may be argued, how. that tho section quoted only declares and shes the charac evidence to bo given, 0 right of an ato stitute the sait the defendant, at the manner a defendant ‘compel the attorney for the Daintif to show is authority to bring the ction: Dut the language of the 15th section is general. and is Ueciaratory of tho species of oridence which “siall pro the power of the attorney to bring ejectment. From the Reneral and urond words ‘used jin the last mentloned sec- the conclusion seems to follow, that the authority shall (bo lovidenced by's writing in’ all case he sections wero inserted “i ‘enable it defendant to beers — attorn Sie piaincin, fad the dot Srerikten request 0 ‘such Splatt Pose meneo ‘action, pithvritien recomuition ‘of ‘the aathority ee tho attorney to commence the same,” why shi legs than this be required as between attorney and client? No reason for the distinction is perceived. and language of the section itself covers a case like prevent. and as it 1s founded upon genoral rule that all of id Authority conferred over roal eatate shall he evidenced by &® writing, it is held that Mr. Kneeland, unless this section ofthe atnte is abrogated, must bring imself within its That nothing short of i gert evidence of the bring the action, hefore th ‘ion of the answer, was well settlod. le ormott vs, mm, 1 94). In Howard vs. Howard aa Rep. 80) it was held, “the provisions statutes, wer to ead Revi in relation to the pro- auction of authority of an attorney to com- Meneo an action of ejectment: apply to suits, under the Code, to recover land,” inane Hand, in that case, satd:—"Tho a written nto require Tequest to conimence the suit, either by the plaintiff or his agent, ora written recognition of the authority of tho at- torney to do s0 (2 R. 8. 0 a thority of this de cision has nover been quostioned, and its soundness Is expressly recognized in Waite's Practice (vol. 1, pages 564, ), and it must now be rezarded as settled la As this action in in substance and fact one for the recov- ery of land, and as Mr. Kneeluna has no written authority to commence it, or a written recognition of his rights as an attorney, it follows that thix motion mast be granted upon this ground only. It i iyo however, to the rights of the parties, and the magnitude of the interests involved, that the grounds more expecially presented and urged upon the argument should Alo be examined. Had Mr. Kneeland any authority whatever from the plaintiff, Stewart, either ver- vay or written, to use his name, ot has the said Stewart in way since ratitiod such use? "Yn the discussion und. exwmination of this question of fact, which imvelves the ecarefnl roading of a maxs of a! davits and ay submitted on this motion, and the very great difficulty of deiermining and ascertaining the trath, when evidence taken ex parte ix so contradictory, the great neod of so construing the statute, which specifies the evi- dence to be given by an attorney bringing an action of eloctment, of his authority to-use tho name of a plaintif, as has been a, sttempled s een most forcibly. pressed upon udgment, iss that the whole spirit and ob of the section, pao has been commented upon, is in harmony with the construction given to it; and for technical reasons, already considered, it abail be eventually held, that the one given is erroneous, then the suggestion of the need of further lezisiation upon the sub- ject of the evidence of the, retainer ie an attorney by & client, is respectfully submitted. Present motion, to any one who reads the papers used therein, Is a most con vineing argament of such need. But leaving this digres, sion, the consideration of the evidence of the retainer of Mr. Kneeland by Stewart will now be undertaken. Tt is not claimed by Mr, Kneeland that thore was any direct mpeg ai him by Mr. Stewart personally: the retainer, if 1, was through Mr, Clark H. Chapman, of Proctoraville, Vt.+ Mr. Knee! Jand’s line of proof is as fol- lows: Seeing a letter published in the ® York Iikratp of June 7th, 1876, purporting to be from Alexander Stewart, he wrote, as he claims, June 9th, 1876, to said Stewart, ark- ing if he would permit him (Kneeland) to use his nai bs company ‘with those.of other parties, toa proceeding recover the estate. Mr. Stewart. itis said, showed iuis letter, his son Robert G. being with him, to Mr, Chapman, and authorized such use of his name. It is farthor claimed tht upon several oceasions between the of 1 e suit not having been cominenced until May 6th, Tava the said Aloxander Stewart admitted to various arties the employment of | hoth | Chapman and necland. It further claimed, that July 12th, 1878, Knocland wrote to Mr. Chapman informing latter that suit had been brought, and aft on August 10th, 1878, Knegland ‘again wrote to Mr. Chapman enclosing « copy of tho summons and t. Mr, Obapman thon testifies that he read both nd the summons and, complaint to Mr, Stewart, who was pleased with what had been done, and ratified ¢ same. Directod, as tho lino of proof is, to transactions and interviews before suit brought, and those occurring after it had been commenced, the same order will be observed in the discussion. iid Hneoland write on the 9th day of June, 1876, to the ain! ught to be extabli clerk of Mr. Kneeland, by Abraham Gruber, the muna See Keasina’ “Apesci te Set Ganon athe aiepas ke letter ‘wns exhibited to him by Mr, Stewar! and Robert by dhe Vetter of Chapman so Knee dnly 6.1876, In which the former say Stewart and his son Robert G. ha just” brought letter ofthe sth ultimo,” and by the affidavit of Mir H. Armsdon, who declares u lotter pu Was atiown to er, which Atmaden enw, it sorved that it tsdescribed-tu give utd ported to be in reply to-one oF more that had been written To enld Kneeland from suid Ntewart on mameenothataiar, art qot to weite for him” whilstt oxistence of which is in dispute, wax a vol nd to Stewart sugxosied by the apposed publication of one from the latter to Judge Milton, wi high apenced in {h Yous Uunaud. On the other hand Mr. Alexander Stewart, nis wife and the members of his faraliy deny the reception otter whatever neeland. Tf such nletter had eon sent, and received by Stewart, it is inpossi ceive tial it would not have been the subject of. convora tion in his household, and if that letter had resulted in the formul authority to Chapman and. Kneoland to commence action in his, name, then, when the lotor of dune 12, 1978, was sont by ‘Knostand to Chap. wand the oxtract therefrom stating the comimoncement of the action given to lim (Stewart), and when leo, that of August 10, 1478, was received enclosing the copy of sum- ons and cotapiaint i is impossible to conceive. that Mr, Htowart would’be golng fromvona men’ to another, exbibit ing the extracts trom the letter and the copy of king to have thom rend, ject, Al me your Henry H. ting to be written by ‘im in August, 1970. Ia ‘the action was commenced, ee ata rome eens aren the problem of an pened omployment in 1870, axd fn polv- ing that it is pot so important te determine whether Knee- land on June 9, 1876, wrote to Stewart for authority to nitiff in the suft to be, bronght, as its to as- LA sked pow this poime wo naturally Knecland of thedate of July 6, 1 answer written at Stewart's request to the of Kneeland ot June #, 1876. Ir Stewart intended fully to empower Kneeland to prosecute an action, would (hut letter have sodcelaredy Not a wordot that kind does Is coutain. His relationship to the Into Aloxander 7. on, pman to med to be an acter ed gi sevorsl times styled “Our 8,” it ia it the commencoment of any action ¢ client,” could pr upor If we turn from the letter to M interview, which of September 2% co of any diroct Authority to coinmence @ suit {% conspicuous, In upon him by and tho exhibition of tates the interview ;— Kneeland’s letter." T that affidavit, after stating aera sn hi or Kneelan suly by ‘Rac and mp tn mech help nite “get his righ: what he and said that if I would T'should be well palds “Attor weit Mt the lotvar, I made t following churge on my bouk: ‘July 6, 1878, Robert Siewert und tie ether, devior, te: siue’ aad cousuitation oe lettor to Kneeland ” From that time forward said Jexander has often talked with me about. Iris claims iat ce te leres estate, aud was always inquiring how the going on. Tdid not make, auy further charges next ovont in order was the letter of bored that the letter of 1876, be, lawyer, sn claitned jo be written In ise Wy one askin, 0 do ey ie Samaras aa re lettor, who knows that the point in controversy ty the Foot authority Wo ccowmence an wetion. If, wach authority n it should have been given in plain words, and if hi man’s ntory as it fell from his lips,” davit which ho has nade. n ts peak that Mr. Chapman so construed the intorview 7, a init te ape 876, ports w give lt that Mr. Stewart said, ahd » detatied that interview in a subsequent alidavit, mence an action was conferred. statement Is true, a general con- pur Version of that no authority to, co Stew ferred te institute '@ suit, and more esperially: on axcoant ‘ot the repeated declarations, which be made to many per- pons after the suit oat commenced, and at a date whow he had not been brought in contact with Judge Uilton, at any Of his frlonds, thue he had not authorized any, 18 if {mayo sible tor me to judicially hold that fathority fo bel tion wan given prior to the institntion Has Al adey ct sine he et Telatingris part to private buntnese bet conta ming tis clause, “Your client, Alexander’ Stewart, hoads the list of plaintiffs in my partition suit against th tate, don't know that he can be proved he eopl letier, with a few additional Ii paragraph fully and to hl > was delighted that the snit was going on, a tha Sf X would atiek by him and got his rights, L should be wol re strats wen givon him, ing unable to road It, it tomo, and I ~ home, and ighter and sho rew rs “maa? on boing called “a convenient Fieuro Heady" does wot require mueh arguinent.. Mary Stewart, she wito of Alexander, and Iaabellu Jetta, » dani for, botli textify. that when the extract was road at home, br! Stewart directly and flatly repudiated the sult, Bx: Governor, Kyla Mi Flotcher, alt depeses “ths Jn July eat he” (Stewart) “showed mee paper which ted to bo fa letter from BF. Knooland to Ulurk H, anid to mo at the time that he ki hat it means, 1h aper from Chapman.” Honry A. Fletcher, a son the Governor, tostifies toa similar interview by Stowert With hima on thy same subject. Other witnesses also top tify to siinilar wt nts, Upon this testimony it cule to assume that Mr. tewnrt spproved the set, whieh the letter informed him of, and we now pase dines of Bowers on the recuptton of shecopy ea sgmpl aint, which was abowt a month: ‘pda ' DECISION. Wak “gave this complaint to Alexander’ Stew At oll ovente T saw bin Shilo Ie was in his hesde, alld. poriionsaf it to him, and explained te him that it was » Complaint in an, scslon brought b; Fs to recover thelr inturest in the Stowart ental ta Now. Wark pleased that Kneeland had. sommenc hi The delive a ion by Mr. Chapman, ‘Chapman gave it to my daughter, Mes. Jeffs, on m Saturday, and. Mrs Joffe vou it to Ex Governor, Ieyl Fletcher, and wh nor could not rea io paper with me the next mea (su won would ond" ie. for nh twas becanso of the defect ot his oyes from oll age.” Mr. Stewart then desnils his visit to Governor Fletcher tho next day, and his interview with both the father and son, also one with a Mrs. Thom son and ber husband, a deputy Sheriff, who read tho pape! to him. Mes. Stewart, and her daughter, Mrs. Jeffs, again confirm Mr. Stewart. That ho visited. ox-Gov- ernor Fletcher and son to learn the contents of the papers is proven by both, and Mr. Samu ‘Thorapson deposos to the fact that on’ “Sunday, Augast gighteenth, teen hundved and seventy-oizht,” Stewart called to see him and said “Mv, Thompson Ewin you wonld read this, I have shown it 6 Taabolia wnd sho. couldn't read ft af all. of make ipall out.” The witness then read the doe nid nftor sewpo conversation about the need of Btowart's going to New York, Stewart further sald T did not know any: LEG. could not then hing about all thi What. de mean? I did not Know anyth cae aly until re Heh Chapman handed writton on ave me.!? pon this point also he summons and complaint hi fully explaii and Mr, Btewurt satiafied and ploased, fea did be woek information from 50 mauy and various persons, and why he wish to employ id retain Mr. Walker as his conngel, as tho latter swears he did? A Bere fully ine formed &s to hin ph and satisfiod with Gennes | in han them, would not Tas yen | for Semone! mo bis ne nenbors as to hee pean papers siready explained and 1 |, nor penerit a mp rs wares talent ata eee expense. Contrad! e wife and daughter, an theevents hich teens occurred, I am. sexprepares to hol ratified and confirmed thi it. In reaching this conclusion, all the evidenco has not cave jed to. Reference has not boom made to the evidenos of Pryce Lewis, B. Gaslin Jayne, Felton, Isabella Joffs and othe at of William H. to tl otharea who testify to con- Stewart, in which with moro or less dis- ed av ployment of Knecland and It would be imposs! <i a tobe kept within reason- fou icle of evidence con- 1, and voluminous beyond prece- Robert Stow: stating sdmtadions by bot doth Kneeland and ae had not been employed, nor Welker Bush, Johneton and vorsations, with tained Tn papers nur" ‘The lending poir, allyaiy seem to me, have been com- mented upon, ar, t0e conelision of my, own jndement is reasonably clay | shat, whatever Mr, e extent of the and Bele conversations and ts avout Alexander Stewart's rights Alosander 7, Stowart, 4 in bis m ever authorized, nor one brought ‘without his knowledge aud and adopi oght to the last question which this that is, assuming an original employ- ment Kneeland and ‘Chapman, has their conduct in tho management of the interests claimed to have, een committed to, thelr chargo been such as to, Justify the | Court ermitting Mr. Kneeland, Mi as! euctapeuicn theains ee iaciarcen that ponition. “It needs no authority: top Court has the power which is invoked. Its do! to all suitors. who justice by honest. and honorabie at it peace and will not allow its process and rors ts ‘ther for dishonorable and unjust ds, nor its Taachinety Kept, in motion by dishonorable and lunjust means. If the plaintiffs in thls action have claims, which they deom just and honest, upon the Stewart tate, they may select their own Attorneys to enforce but such Attorneys in their presentation must not seek to impore upon the Court, nor use its powers to ae complish their purposes by wicked or corrupt practices, Chesil tua Ohare far teal own hones Bed Sianiiye vaill cither on Its own motion, or at the, instanco of the party who employed the Attorneys, remo from charge of the action In considering the conduct of Mr. Kneeland in the man- agement of the suit which ho has instituted the ct cannét be overlooked that he has wilfully wade ‘a misstatement in the body of @ complaint which he has permitted one of the plaintiffs, Ann Jane Bailey, to verify. His own affidevit concedos that the residetico of Aloxander Stewart was stated as in Whitehall, in the Stato of New York, purposely to avoid a motion to compel socurity for costs. Probably the reason which duced the false statement was unsound in law, Ann Jano Bailey, the co-plaintif, was a resident of tl State, but the false atement is very significant as tot mothods which might be employed to carry the suit to Suceonsful lemme. “Explain, aw ingenious counsol have at- tempted to do, such conduct, the fact remains, that an at- torney of this court charged with a most important suit, if it has any basis whatever, undertook to deceive his opponent and the Court alike upon @ matter which might for certain purposes in tho administration of justice, as he supposed, be mater: Permitted his client to verify the complaint which contained the falsehood by him kn For such an act as this it, would be en- ly competent for the Court to grant this motion. the attorney deomed his cause to be just, he had no right by wilfully falso statement of a fact in pleadin fo seek to attain ony advantage wha id tf the Court shiaald arrest hie furtive peocelureta ¢ sinns eadnenst alan Aocceesnnite ereesioe afte poner in behalf of its own win ‘and the parity of its own offi- cers, Tho act was plainly misconduct in his offico as an tl aoa iy monn presents, torney, for Kenecland could be punished, adopitgn thereof | pman on its discover: affidavit discloses ‘observed it. by not insisting rection of the wilful untrue, makes him echarer ie ‘the guilt justly attached to, Passing Soueve made, the good faith relied upon for spe; 5 Kneeland of and the one claimed to be ne ot T clined to think there may be sometulng. In in ie, "thie claim oar client to @ cousinship to the dead New Yorker. But very much donbt if the heirs can set aride the will zat, ue mortal or divinity can guess what ¥-jur ry youd A Detroit jury disagreed on the allowance o| win Gihe Michlaan pman “very mu doubted if the Will of Mr, ‘Stowart could be fn<Ag He did rot beiieve in the justice of the suit, which he claims he was authorized to empowor Kneeland ‘ring, ir relying upon tho inne ‘or prejudice teners” he thinks a settloment may be “ ions is useless, No stun pees gy would justif) watts F th such views of it its’ id tegrity nnd such hopen of succern ‘4 Mr. Knesland rgued, however, tl entered i. * Unfortunately the evidence is very clear that he Robert Fitton, of Cavendish in the County of Winden oa State of Vermont, wh rit , was confided. by Chay with the col: Tection or renewal of a note hel inst jand, testifies that he saw Kneeland in Now York, and after chelning's new note from him was entrusted by Kneeland with a mes- to orp ope? rien dows oF toinsure accursey in its m by ‘rite ai by Kneeland) rit Chapmes atinafew Property, belong Pind that every made him Diag, aod that all was to sno and squirm, and that ho Would ‘pay well to get rid of a belt Sqatass the ontate: He ino told me to P. o make the «mt more so- BStowart was a Now Yorker, a1 ive wecurity This message was to Sy omer who very prudently requested von aul ta es énoaland cy in Jul nealand wrote to Chapman :—"“Your peril dor Biewert, heads the list ot plaints in my — oe suit against the Stewart Estate. I don’t know me makes him « ft in clear 4 Chapman had wo, faith in the jns- heir scpee were in be ‘8 of their ent of no mis what next tive, after considerable seare ito Now York: This occurred early in Knee- Inna, baring learned from Chapman that Stewart was in care of the name of Brown, sought aa inter- ylow, and sacecaded. The result of the and subsequent interviews was a bona fide Kneetand sup: ported, between Lewis and himsolf, witty which the form greed to aid in procuring & settlement of the suit for the mm of one hundred thousand dollars. for whieh Writing, dated September 3, 187%, Mr, Kneeland Dledeed his “srered honor gentlemen” and his “hopes for oternity” that, to-use his exact language, “I will pay Pryce Lewis one-tenth of all tho moneys I shall make ont of it, as soon as the same is received by mo.” In a lotter to Chapman, dated September 6. 1878, and purporting to be Swrtoeen ta hasta,” Mr. Kneoland’ informe him of this transaction th 2 “Lewis inn detective, and Ihave bought el ap back with Sto rb probably on Mon- ryain percent on ail Timake nndee per ‘on all T make under focted within th ive on. mo, as hor side.know, tho origina! plan, which wns to force. @ eomaprom! fmploye of Hilton had Deon “brought ** over,” and he wns to. protend te bo a detective on Kneciand, and his business was to ‘Knooland in the compromise, by, among other ways, “eling out the things” that Knoeland wanted “to have the othor side know.” To characterize th hots, ft will be sufficient to sa; eau. ious. Tt disarmed Mr. Chapinan eC Sisieed Nr. penn at Proctorvvlte fc Joct, at first professed to of devising tho mac Jervis karen iis goctboononts he fools: osetoneed his Giamatioe inthe yoy LA the sult, the ies of authority to com- tember. day ni Lewis te ‘cive him wettloment eaiee Sesornices ings Iwai Raa now been 8 Kon tore mence it, and confronted with the evi- dence of hi fered galt of an astempt wronatully to extort” money, and being Fequested to choose tweon the position of “defen dent chove, the letter, and on the demand of and Law ron the Kneelan sive nip the lettory of tice. oteployed ‘ee detectives, of viet edge, the letter of Chapman’ to Ki anise “you say in ory of the sh enn tu rece tla haite rae i ‘int, i z ‘The fackhas not boon overlooked that Chapman the events of these intorviews sont: Le does ac war however, that in the final ono jnngnn, roatening, and he said among eater hn eerYou are to Andletment and havo F position eith dote wa ‘of you Is Son written to you in the last f Kneoland is ruined any way.” Alawyor of tho ago of Atiy-eix years, who hen filled important public oftices, conscious of ue guilt, eould ‘not, ander anch I A, have made any concessions. The dolivary of the letters therean stamp the story of Jayne and Lowis as true. By force of admissions nade to them, as they have testified to, could the delivery of the letters only Innye been accomplished, which hi briefly nee, boon etched, is clenr. Bown C Chan ‘and Kneeland more than Gouveod the justice of ie action was com- Mmenced with a falsehood wilfully farerted in the firer plead- ing-—thelr hope of auccean was In @ forced sottloinent—a de. service of their adversaries was “brought ipponed, to their intorest, and by his treach= F raped the fears of parties interowted in uphold- iiLot thé dead New York merchant were to be 40 Upon as to secre $100,000. This plan was not only. tors and messaios, but plainly confessed to ments, and the qnestion now prosented smploymant by Stowart to bring tho nc. lief in counsel of its righteous. urt, the highest In tho st such modes and ere can be only one answer, ai that the attorney wh thus nooks viaation ped vy ite mandate, of which conn as have heen conto innetions.'as the mttornoy for Me, Mtoware jorminate Moro than titis it isunnocessary if wo Ho ty do, to say, but 40 aay loss fa forbidden Dy eration of well Fespect and ndue rogard for ial hon The der ot the ‘a ecial Term mnet tl Motion, and any ver aetion is ‘abmitied t6 the General their anpoosed in: ineoresi tidn, 001 b Wo Ny » *